In re the Accounting of Levine

OPINION OF THE COURT

Asen, J.

Prior to his appointment as conservator of Leon Heilman, *396appellant Dr. Levine found $40,000 in undeposited checks scattered within the Heilman home, and deposited these checks into appellant Rubenstein’s special account. From these proceeds Dr. Levine paid outstanding real estate taxes, fees and insurance premiums. Because of the beneficial tax consequences, the conservator, without court authorization, paid Mr. Rubenstein, the attorney for Dr. Levine, $10,000 for approximately 40 hours of service previously rendered. These services saved the conservatee’s estate…